Governor Seeks Rape Law Reform

Gov. Tom Ridge called again yesterday for reform of Pennsylvania's rape law, saying it is time to eliminate "narrow interpretations and outdated attitudes."

"Rape is rape," the governor said. "We must give prosecutors the tools they need to see that justice is served."

But what tools?

Ridge has been vague on exactly how he would address a problem brought to light by a state Supreme Court decision last year involving two former students of East Stroudsburg University.

The high court overturned the rape conviction of Robert A. Berkowitz, saying he did not use force in having sexual intercourse with another student. While she did not struggle, the victim maintained that she repeatedly said "no."

The ruling, which became known as the "no is not enough" decision, outraged women's groups and prompted immediate review of the state's rape law by the Legislature.

The General Assembly found itself hamstrung last year, however, over two methods of addressing the problem.

Until yesterday, it was not clear which proposal Ridge supported: one removing all references to force in the rape law, or one establishing a two-tier system, so that the use of force constitutes rape, while simple lack of consent constitutes a lesser offense: sexual assault.

The governor favors the latter.

His bill, which was submitted to the Legislature yesterday, creates a "sexual assault" offense to address those instances where force is not present but intercourse occurs without the individual's consent.

The new offense is graded as a second-degree felony, punishable by five to 10 years in jail.

Forcible rape remains a first-degree felony, punishable by 10 to 20 years.

Tim Reeves, the governor's spokesman, said Ridge found that both prosecutors and victims' advocates preferred the creation of a lesser offense.

"Apparently, the reality of jury trial work is that, in these kinds of date rape and acquaintance rape prosecutions, it is very difficult to get convictions for the Felony One rape," Reeves said.

The governor's proposal most closely mirrors legislation offered last year by Allentown state Rep. Karen Ritter, who has since left the House. Her bill passed the House but was not considered in the Senate.

There, Sen. Stewart J. Greenleaf, chairman of the Judiciary Committee, prefers to make consent the only factor in determining rape.

"I've prosecuted rape cases," he said. "Consent has always been the issue. Force is not the issue. Force is a degree, but consent is the threshold question in all rape cases. The Berkowitz case clearly indicates, now, that consent is not an issue in the rape prosecution. That's why I thought that we should address that decision."

Still, Greenleaf, R-Montgomery County, said he will move both proposals out of his committee and let the full Senate decide which one it prefers.

Reeves said the governor will not discuss whether he will veto a bill that does not resemble his own. "We introduced the approach we think makes the most sense. We'll see what the Legislature has to say."